By Sihle Mavuso
The KwaZulu-Natal Bid Appeals Tribunal has recommended that the provincial Department of Education’s R2.1 billion school nutrition tender be set aside and the bidding process started afresh after finding material irregularities.
The tribunal’s ruling was circulated to all parties on Friday, following months of reviewing arguments and documents submitted during the appeals process.
It received 113 appeals from unsuccessful bidders who argued, among other things, that certain winning bidders should have been disqualified.
They also alleged that the Bid Evaluation Committee (BEC), which they claimed included officials with suspected ties to ANC factions, had failed to evaluate bids properly.
The appellants further argued that the Bid Adjudication Committee (BAC) had failed in its duties and that the procurement process lacked fairness and transparency. They called for the entire tender process to be cancelled.
The tender was awarded in January this year.
According to the final ruling, the department used various tactics to frustrate unsuccessful bidders attempting to challenge its decision.
At one point, the department’s legal representative argued that individuals representing their companies should not be allowed to make submissions because they had no legal training. The tribunal dismissed the argument.
After reviewing the bid documents, the tribunal identified several irregularities, which it detailed in its ruling.
“On a similar sloppy evaluation of a critical component of the bid criteria, the Department’s functionaries committed what the Tribunal figuratively calls a ‘cardinal sin’. It is inexcusable that bidders who failed to comply with a pricing condition could find themselves contracted to the Department.
“A risk exists in the event of any dispute, such as non-delivery or sloppy delivery. Instead of eliminating non-compliant bids, the Department seeks to contract with several bidders who had different word numbers and figures on the price page. The following bidders’ bids are fatally flawed,” reads one of the tribunal’s findings.
It also noted discrepancies involving the registration of some companies awarded contracts under the lucrative tender.
It concluded that the department had deviated from the tender conditions and failed to maintain proper records.
“The Tribunal is satisfied that the Department deviated from the bid conditions and failed to keep a proper record, as required by its Policy. The Department committed several material irregularities which impacted the fairness of the evaluation and adjudication of the Appellants’ bids. In determining a just and equitable remedy, the Tribunal has considered the facts of the bid against the correction of the defects and material irregularities it has identified.
“Having regard to the seriousness, magnitude and cumulative effect of the material irregularities established, and exercising its discretion in formulating an appropriate recommendation under the applicable KwaZulu-Natal Supply Chain Management Policy Framework, the Tribunal is satisfied that the appropriate and proportionate remedy is to recommend that the awards be set aside and that the entire NSNP procurement process commence afresh, de novo.
“In the Tribunal’s view, this recommendation…seeks not merely to address individual irregularities, but to restore the integrity of the procurement process, vindicate the constitutional requirements governing public procurement and ensure that all prospective bidders are afforded a fair and equal opportunity to compete.”
The feeding scheme provides meals to more than 2.4 million learners daily, equivalent to about 48 million meals in a typical school month. According to the provincial department’s latest annual report, released in October 2026, 88% of learners benefited from the programme during the 2025/26 financial year.
The department had not commented at the time this report was compiled.
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